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In This IssueOML Accomplishes Plenty as WalkoutContinues1Bills on the MoveBills Move to the Governor’s Desk12Bills Signed by the Governor13Oklahoma MunicipalLeagueOML Advocate is published by theOklahoma Municipal League. Forwardyour comments or suggestions to:Oklahoma Municipal League201 N.E. 23rd StreetOKC, OK 73105Phone: 1-800-324-6651 / 405-5287515Fax: 405-528-7560Email: missy@oml.orgInternet: www.oml.orgIssue No. 09-18April 12, 20183OML Accomplishes Plenty as Walkout ContinuesDespite the second week of the walkout at the capitol, the Oklahoma MunicipalLeague was able to accomplish a lot for cities and towns. There were several billsthat we sent out GRIPS asking you to contact your legislators. Today marks therd3 deadline for bills to be heard in the opposite House of Origin. Next deadline isthApril 26 .Licensed Lenders/Municipal Prohibition: SB 1494 by Sen. James Leewright(R-Bristow) and Rep. Mark Lawson (R-Sapulpa) prohibited any politicalsubdivision from preventing, restricting or discouraging any lender from lending incompliance with Article 3 of Title 14A and Chapter 57 of Title 59. The prohibitionextended to stopping a lender from operating in any location properly zoned forsuch commercial activities or to creating disincentives for making loans.We were successful in getting the bill removed from the House Banking &Business Committee on Tuesday.Preemption/Occupational Licensing: SB 1174 by Sen. Kimberly David (RPorter) and Rep. Glen Mulready (R-Tulsa) created the Freedom to Work Actprohibiting a political subdivision from imposing any occupational fees or licensingrequirements on any profession if the political subdivision did not already imposeoccupational fees or licensing requirements on that profession. Existingregulations could continue on condition that the occupational fees did not exceed 25 per year. If the fees exceeded 25, then the licensing authority would havehad to immediately reduce fees to the limits of this bill. No one could addadditional licensing requirements to those already imposed by a state licensingauthority. Municipalities would have had to stop fees and licensing requirements ifa state licensing authority imposed any new requirements on any profession thatwas previously unregulated by the state. Fees would be waived for low-incomeindividuals and military families. The bill contained further detailed regulations,limitations and prohibitions.We were successful in getting the bill removed from the House Banking &Business Committee on Tuesday1
Preemption/Auxiliary Containers: SB 1465 by Sen.James Leewright (R-Bristow) and Rep. Tim Downing (RPauls Valley) prohibits any political subdivision fromrestricting, taxing, prohibiting or issuing any ordinanceregulating the use, disposition or sale of auxiliarycontainers. Auxiliary container means any bag, cup,package, container, bottle or other packaging that ismade of cloth, paper, plastic, including foamed orexpanded plastic, cardboard, corrugated material,aluminum, glass, post-consumer recycled material orsimilar material including, but not limited to, coated orlaminated materials.The bill passed the House Rules Committee by a vote of10-0. The bill now heads to the House floor.FPAA/Unfair Labor Practice: SB 1369 by Sen. ChrisKidd (R-Addington) and Rep. John Jordan (R-Yukon)amends the Fire and Police Arbitration Act at 11 O.S.Section 51-102 by changing the definition of “Board”from PERB to an Administrative Hearing Panel asappointed in the bill. This panel shall consider unionorganization petitions, determine the exclusive employeerepresentative and decide unfair labor practice (ULP)charges. ULP actions utilize the preponderance of thetestimony standard, a cease and desist order, districtcourt for enforcement of an order and for appropriatetemporary relief of restraining order and the like. ThePanel is selected by each party selecting two arbitratorsthat can agree on a fifth arbitrator. If unable to agree,the parties shall request FMCS to provide a list of fivearbitrators. They shall be from the region in whichOklahoma is located. If FMCS no longer groupsOklahoma in a specific region, the parties shall use aFMCS non-regional panel. The first strike is from theparty claiming a ULP. Decisions of the former PERB andof the National Labor Relations Board may beconsidered persuasive on the issues. The bill containsdetails. 11 O.S. Section 51-104a, as amended bySection 51, Chapter 304, O.S.L. 2012 (11 O.S. Supp.2017, Section 51-104a), is repealed.The bill passed the House Rules Committee today by avote of 5-4. The Speaker Pro Tempore Harold Wright(R-Weatherford) was called into break the tie vote. Thebill will now head to the House floor. There is still time tokill the bill.Dockless Bikes: SB 1374 by Sen. Jason Smalley (RStroud) and Rep. Josh Cockroft (R-Tecumseh) createsnew law in Title 47 regulating dockless bicycles definedas a bicycle, including an electric bicycle that is selflocking and is not connected to a docking station. Thebill impacts bicycle sharing companies which is an entitythat makes dockless bicycles available for private use byreservation through an online application, software orwebsite. Regulation via the Oklahoma Tourism andRecreation Department includes licensing, permitting,insurance requirements and mandates for a company’sonline application, software or website. The Departmentmay charge a fee and is authorized for rule making. Nopolitical subdivision may impose a tax on, or require alicense for, a bicycle sharing company for the provisionof bicycle rental and use or subject a bicycle sharingcompany to the political subdivision’s requirements forrates, entry, operational or other requirements.The committee substitute received a do passrecommendation in the House County & MunicipalGovernment Committee by a vote of 12-0. It is nowwaiting to be heard on the House Floor. The title andenacting clause are stricken.Small Cell Deployment: SB 1388 by Sen. Greg Treat(R-OKC) and Rep. Todd Thomsen (R-Ada) establishesprocesses and procedures for installation by a wirelessservice provider of small wireless facilities and utilitypoles in rights-of-way. The bill gives a wireless providerthe right to collocate small wireless facilities and install,maintain, modify, operate and replace utility poles along,across, on, or underneath rights-of-way. The bill requiresa wireless provider to comply with reasonable cation service providers from installingstructures in rights-of-way in areas designated solely forunderground or buried cable and facilities. The wirelessprovider must abide by the NESC and OSHA standards.The bill passed the House Rules Committee by a vote of8-1 with the title and enacting clause stricken. The billnow awaits a hearing on the House floor.Oklahoma Inspector’s Act: SB 693 by Sen. AJ Griffin(R-Guthrie) and Rep. Carol Bush (R-Tulsa) the measurealters the definitions of building and constructioninspector and inactive building and constructioninspector. The measure modifies licensing requirementsby allowing applicants to show proof of licensing by aprogram or governmental entity approved by theConstruction Industries Board.Additionally, themeasure eliminates the required principal-agentrelationship. The measure also authorizes licenserenewal of unemployed inspectors.The bill alsospecifies requirements for licensing and specifies certainrestrictions on license holders.The bill passed out of House Utilities Committeeyesterday by a vote of 10-1. It is now awaiting a hearingon the House floor.2
BILLS ON THE MOVEThe bill received a do pass recommendation in theSenate General Government Committee by a vote of 100. It is now waiting to be heard on the Senate Floor.Here is a snapshot of bills impacting cities and towns.Law Enforcement/Reporting: HB 2629 by Rep. GregBabinec (R-Cushing) and Sen. Tom Dugger (RStillwater) amends the reporting requirements bymedical personnel in 22 O.S. Section 40.3A. Incidentsmust be reported “within 24 hours”. Current law states“promptly”. In new law, upon a report of sexual assaultfrom a health care professional, law enforcement shallcollect and take into custody results of examinations,notes, x-rays, photographs and other relevant recordswithin 7 days. The bill contains additional time frames,reporting requirements and specific details.School Surplus Property/Housing Authority: HB1334 by Rep. Chuck Hoskin (D-Vinita) and Sen. JohnSparks (D-Norman) amends 70 O.S. Section 5-117adding housing authorities to the entities eligible toreceive surplus school property without consideration.The bill received a do pass recommendation in theSenate Education Committee by a vote of 11-0. It is nowwaiting to be heard on the Senate Floor.State Holiday/National Freedom Day: HB 3471 byRep. Donnie Condit (D-McAlester) and Rep. JohnJordan (R-Yukon) amends 25 O.S. Section 82.1 addingthe National Freedom Day as a state holiday on the thirdSaturday in June.The bill received a do pass recommendation in theSenate General Government Committee by a vote of 90. It is now waiting to be heard on the Senate Floor.Bidding/Bond: HB 2676 by Rep. Kevin West (RMoore) and Sen. James Leewright (R-Bristow) amends61 O.S. Sections 113.1 and 226 in variousways. Changes are made to the availability of retainagedepending on whether the public construction contract isor is not subject to a bond. If not subject to a bond acontract may provide up to 5% of all partial paymentswithheld as retainage. If subject to a bond, no retainageshall be withheld from the entity posting thebond. Subcontracts are also impacted in Section 226.The bill passed the Senate Education Committee withthe House Amendment adopted. It has now beenreferred to the Senate Appropriations Committee.Pension/Actuarial Analysis Act: HB 1340 by Rep.Randy McDaniel (R-Edmond) and Sen. Greg Treat (ROKC) amends the Oklahoma Pension LegislationActuarial Analysis Act by adding to the definition of anon-fiscal bill. Added is provision for a one-timeincrease in retirement benefits if the increase inretirement benefits is not a permanent increase in thegross annual retirement benefit payable to a member orbeneficiary, occurs only once pursuant to a singlestatutory authorization and does not exceed four (4)alternative benefit increases/funded ratios.Theretirement benefits increase in the alternatives if higherfunded ratios are maintained. As an example, includedis the lesser of 2% of the gross annual retirement benefitof the member or 1,000 if the funded ratio of theaffected retirement system would not be less than 60%but not greater than 80% after the benefit increase ispaid. New law defines “funded ratio” including that therate of return on public retirement system assets forcomputation of the funded ratio shall not exceed 7.5%but shall be computed using any assumed rate of returnutilized by the applicable retirement system if such rateor return does not exceed 7.5%. Effective October 1,2018, a public retirement system shall make a one-timedistribution, consistent with one of the four abovealternative benefit increases/funded ratios, to retiredmembers who have retired for a period of 5 or moreyears. In addition, new law recites the need for retireebenefit increases since the last authorization in 2008,and the modification of a non-fiscal bill is a prudentresponse to the needs of retirees and is consistent withobligations for prudent and conservative management.The bill passed the Senate General GovernmentCommittee with the title stricken by a vote of 9-0. It isnow waiting to be heard on the Senate Floor.Bidding/Published Electronically: HB 2923 by Rep.Avery Frix (R-Muskogee) and Sen. Stephanie Bice (ROKC) amends 61 O.S. Section 110 to authorize theDepartment of Transportation and the Turnpike Authorityto be exempt from current law’s requirement that sealedbids be opened only at the time and place in the biddingdocuments and read aloud. The exemption is activatedif the agency electronically publishes the bids on thewebsite of the agency.The bill passed the Senate General GovernmentCommittee by a vote of 10-0. It is now waiting to beheard on the Senate Floor.Transportation/County:HB 3129 by Rep. DustinRoberts (R-Durant) and Sen. Casey Murdock (R-Felt)amends 19 O.S. Section 1505 by adding “road andbridge construction services” to county procedures forpurchasing.3
Transportation/Bypass of Municipality: SB 86 bySen. Kimberly David (R-Porter) and Rep. George Faught(R-Muskogee) amends 69 O.S. Section 1205 providingfor all new construction of state highways that have aprimary purpose of bypassing municipalities, theDepartment shall conduct an economic impact study onthe affected municipalities.The study shall beconducted in addition to any study required by state orfederal law. Upon completion of the study the impactshall be delivered to the governing bodies of themunicipalities. Only upon a written official letter ofsupport formally approved by the municipal governingbody from the majority of the affected municipalities,shall the construction project be added to theDepartment’s Eight-Year Construction Work Plan.The bill received a do pass recommendation in theSenate Retirement & Insurance Committee by a vote of5-1. It is now waiting to be heard on the Senate Floor.Open Meeting Act/Executive Session Expansion: SB898 by Sen. Roger Thompson (R-Okemah) and Rep.Greg Babinec (R-Cushing) adds two additional items tomatters that can be discussed in executive session. Thefirst is safety and security at state penal institutions orcorrectional facilities.The second is contractnegotiations involving contracts requiring approval of theBoard of Corrections, which shall be limited to membersof the public body, it’s attorney and immediate staff. Noperson who may profit directly or indirectly by aproposed transaction, which is under consideration, maybe present or participate in the executive session.The bill passed the House Transportation Committeewith the enacting clause stricken by a vote of 9-1. It isnow waiting to be heard on the House Floor.The bill passed the House by a vote of 51-43, but theemergency clause failed by a vote of 30-31.Drug Courts/Regulations: HB 2881 by Rep. JoshWest (R-Grove) and Sen. Greg Treat (R-OKC) amendsthe Oklahoma Drug Court Act in a variety ofways. Included are changes to eligibility requirementsand review and process of an offender for a drug courtprogram.Railroads/Crossings: SB 1137 by Sen. Stephanie Bice(R-OKC) and Rep Weldon Watson (R-Tulsa) amends 66O.S. Section 128 impacting the duty of a railroadcompany to construct a crossing across the portion of itstrack, roadbed or right-of-way over which a publichighway runs. The amendment establishes the crossingas “the space between the tracks and two (2) feet oneither side thereof.”The bill passed the Senate Health & Human ServicesCommittee with the title restored by a vote of 11-0. It isnow waiting to be heard on the Senate Floor.The bill received a do pass recommendation in theHouse Transportation Committee by a vote of 11-0. It isnow waiting to be heard on the House cribing: HB 2931 by Rep. Glen Mulready (RTulsa) and Sen. A J Griffin (R-Guthrie) amends theUniform Controlled Dangerous Substances Act byrequiring electronic electronic prescriptions with severalexceptions.Railroads/Crossing Public Road: SB 1138 by Sen.Stephanie Bice (R-OKC) and Rep. Weldon Watson (RTulsa) amends 69 O.S. Section 601. Where a railwaycompany crosses a public road, it shall improve thespace between its tracks, and two (2) feet on either sidethereof, in the manner that the reminder of the road is tobe improved, or with such other material as the countycommissioners may require.The bill passed the Senate Health & Human ServicesCommittee with the title stricken by a vote of 10-0. It isnow waiting to be heard on the Senate Floor.Nursing Homes/Quality Care Fund: HB 2958 by Rep.Todd Thomsen (R-Ada) and Sen. Lonnie Paxton (RTuttle) amends the Nursing Facility Quality of Care Fundin 63 O.S. Section 1-1925.2 by removing varies duties ofAdvisory Committee and authorizing the OklahomaHealth Care Authority to implement a case-mix-adjustedpayment methodology. The bill provides details.The bill passed the House Transportation Committee bya vote of 11-0. It is now waiting to be heard on theHouse Floor.Vehicles/Special Permit: SB 1211 by Sen. A J Griffin(R-Guthrie) and Rep. Avery Frix (R-Muskogee) amends47 O.S. Section 14-103 regarding regulation of vehicleexceeding a height of 13 ½ feet. This height can beexceeded if a special DPS permit is created, as providedin 47 O.S. Section 14-103G.The committee substitute passed the Senate Health &Human Services Committee with the enacting clausestricken by a vote of 11-0. It has now been referred tothe Senate Appropriations Committee.The bill received a do pass recommendation in theHouse Transportation Committee. It is now waiting to beheard on the House Floor.4
Condemnation/Section Line Roads: SB 1377 by Sen.John Sparks (D-Norman) and Rep. Avery Frix (RMuskogee) amends 69 O.S. Section 646 regarding thecounty commissioners authority over section line roadsinvolving a proposal to vacate. The bill contains details.requirement that the landowner not charge more than 10 per acre for recreational purposes and the definitionof “charge”. In addition, the bill removes currentlanguage in 2 O.S. Section 16-71.5 stating that anyconsideration received by the landowner for land leasedto the state or a subdivision is not deemed a charge.The bill passed the House Transportation Committeewith the enacting clause stricken by a vote of 10-0. It isnow waiting to be heard on the House Floor.The bill received a do pass recommendation in theHouse Agriculture & Rural Development Committee by avote of 12-0. It is now waiting to be heard on the HouseFloor.Municipal Court/Protection: HB 1234 by Rep. MikeOsburn (R-Edmond) and Sen. Gary Stanislawski (RTulsa) creates the Court Records Protection andModernization Act impacting destruction of records in10A O.S. Sections 2-6-108 and 2-6-109. In addition,various sections of Title 20 are impacted by court recordchanges.Occupational License/Military Training: SB 1141 bySen. J.J. Dossett (D-Sperry) and Rep. Chris Kannady(R-OKC) amends 59 O.S. Sections 4100.4 and 4100.5to require any state licensing or certification authority toimplement rules or laws for recognizing appropriatemilitary training and experience for its occupational orprofessional licensing or certification process.The bill passed the Senate Judiciary Committee with thetitle stricken by a vote of 6-0. It is now waiting to beheard on the Senate Floor.The bill received a do pass recommendation in theHouse Veteran & Military Affairs Committee by a vote of5-0. It is now waiting to be heard on the House Floor.Workers’ Compensation: HB 2722 by Rep. Todd Russ(R-Cordell) and Sen. Mark Allen (R-Spiro) amendsWorkers’ Compensation by altering the definition ofemployee.Water/Regional Water Planning: SB 1241 by Sen.Josh Brecheen (R-Coalgate) and Rep. Todd Russ (RCordell) creates the Oklahoma Water Sustainability Actto use and develop water resources available withineach geographic region of this state. The public policy isto use programs and incentives to maximize the efficientuse of water resources available within eachregion. OWRB is given duties to study the implement ofthe Comprehensive Water Plan and identifymanagement options to address infrastructure needs,potential water system efficiencies and incentives, assistregional water planning groups and non-regulatory localstakeholders, coordinate partnership opportunities forfinancing, plans and projects and identify innovativesolutions to forecasted water shortages with maintainingwater use at current levels through 2060. This includesa statewide conservation campaign and continuing theProduced Water Working Group. OWRB shall assistlocal and regional groups to maximize efficient use ofwater i
We were successful in getting the bill removed from the House Banking & Business Committee on Tuesday . 2 Preemption/Auxiliary Containers: SB 1465 . reservation through an online application, software or website. . provider mu
